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PermaLink: |
http://www.worldcourts.com/achpr/eng/decisions/1994.04.27_Diawara_v_Benin.htm |
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Citation: |
Diawara v. Benin, Decision, Comm.
18/88 (ACmHPR, Apr. 27, 1994) |
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Publications: |
IHRDA, Compilation of Decisions on
Communications of the African Commission On Human and Peoples’
Rights Extracted from the Commission’s Activity Reports 1994-2001,
at 16 (2002); Documents of the African Commission on Human and
Peoples’ Rights, at 381 (Malcolm D. Evans & Rachel Murray eds.,
2001); (2000) AHRLR 23 (ACHPR 1995) |
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COMPLAINT
[1] The communication No. 18/88, was submitted by Mr. El Hadj Boubacare
Diawara. He had been detained without charge or trial from 18 February 1982
for a period of more than 7 years. Furthermore, he reports the arbitrary
detention of 7 others, one of whom died in prison 11 months after
imprisonment. All detainees, he claimed, were tortured while imprisoned.
FINDING
[2] Notice of hearing were sent to the parties, but only the representative
of the Government of Benin appeared. Since the complainant has referred his
complaint to the courts in Benin, where it is now pending, the Commission
declared the communication inadmissible for want of exhaustion of local
remedies, under Article 56(5) of the Charter and Rules 103(l)(f) of the
Rules of Procedure. |
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